Assembly Bill A8790

2019-2020 Legislative Session

Establishes the actual innocence justice act

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A8790 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9736
2011-2012: A6551
2013-2014: A3492
2015-2016: A5077
2017-2018: A4689
2021-2022: A4543

2019-A8790 (ACTIVE) - Summary

Establishes the actual innocence justice act; clarifies that convicted persons who can demonstrate a reasonable probability that they are innocent will have the right to challenge their convictions under the law, notwithstanding any other procedural or technical provisions of law that would have prevented them from doing so.

2019-A8790 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8790
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M. of A. O'DONNELL, RICHARDSON -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   the actual innocence justice act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title.  This act shall be known as the "actual  inno-
 cence justice act".
   §  2. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
 procedure law, as added by chapter 132 of the laws of 2019,  is  amended
 and a new paragraph (l) is added to read as follows:
   (k)  The  judgment  occurred prior to the effective date of this para-
 graph and is a conviction for an offense as defined in subparagraph  (i)
 or  (ii) of paragraph (k) of subdivision three of section 160.50 of this
 part, in which case the court shall presume that a  conviction  by  plea
 for  the aforementioned offenses was not knowing, voluntary and intelli-
 gent if it has severe or ongoing consequences, including but not limited
 to potential or actual immigration consequences, and shall presume  that
 a  conviction  by  verdict  for  the aforementioned offenses constitutes
 cruel and unusual punishment under section five of article  one  of  the
 state  constitution,  based  on those consequences. The people may rebut
 these presumptions[.]; OR
   (L) THE DEFENDANT IS ACTUALLY INNOCENT OF THE CRIME OR CRIMES OF WHICH
 HE OR SHE WAS CONVICTED. FOR PURPOSES OF THIS PARAGRAPH, A DEFENDANT  IS
 ACTUALLY  INNOCENT  WHERE  IT  IS  ESTABLISHED  BY  CLEAR AND CONVINCING
 EVIDENCE THAT NO TRIER OF FACT WOULD HAVE CONVICTED THE DEFENDANT  UNDER
 A REASONABLE DOUBT STANDARD AND IN LIGHT OF ALL AVAILABLE EVIDENCE.
   § 3. Subdivision 4 of section 440.10 of the criminal procedure law, as
 amended  by  chapter  332  of  the  laws  of 2010, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13966-01-9
              

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